Involuntary Manslaughter Flashcards
How can D be guilty of involuntary manslaughter
If d commited the actus reus of murder but lacks men’s rea.
How is unlawful act mansaughter defined?
D commits an awful act which is dangerous and causes death.
What case says that the unlawful act must be a positive act? NOT omission.
Lowe
What does lamb say?
The unlawful act must be a crime.
What are the 3 examples of any crane being UAM
Larkin- Assult
Goodfellow- arson
Newbury & jones- criminal damage
What case says that the unlaw act need not be aimed at V
Mitchell
What is the test for “dangerous” and what case does it come from
Church - the sober and reasonable man would recognise that D act subjects another to risk of some harm.
What is the difference between (dawson) and (Watson)
In Dawson, D had no idea the man had a heart condition.
In Watson, V intentionally went for a vulnerable old man.
Factual causation
But for, white
Legal causation
Substantial cause of V death
Smith
What case says that the act need not be the sole case of the death
Shohid
What is the difference between (cato) and (Kennedy)
In (Cato) the D injected V with the drugs themselves. Whereas in Kennedy V did it .
What case is used for the men’s Rea
Newbury and jones.
Hahah
Sidjdjdjdk
